On Tuesday, the County Council will meet in executive session to discuss settlement of the West Blaine UGA. The proposed settlement alleges to dismiss the lawsuits filed by Trillium and Blaine in order to allow the Semiahmoo West PUD and Preliminary Long Plat applications filed by Trillium to be handled without predetermination by the Planning Department. The proposed Semiahmoo West development comprised approximately 70% of the former West Blaine UGA.
The reality is that the West Blaine UGA was oversized, unnecessary and would further degrade Drayton Harbor. Knowing that they would never be able to prevail under GMA requirements, over the last year, Trillium and Blaine have been attempting to convince the County that Trillium vested its rights to develop Semiahmoo West so that the West Blaine UGA must be restored, notwithstanding its inability to qualify for urban growth status under the GMA.
Trillium has put time and money into this fight. In fact, so seriously has Trillium taken this matter, its high paid Seattle law firm, GordonDerr, LLP, rebutted every comment I filed with the County regarding vesting. Because Trillium is having financial problems, this left Trillium with little available cash to pay for the Semiahmoo West EIS that it agreed to. This perhaps also accounts for its failure to advise the County Assessor that its land no longer qualified for beneficial tax status, a secret that was revealed when the Washington Department of Transportation advised the Assessor to review this matter.
Fortunately, Trillium has been able to get by with a little help from its friends. One friend is the County Assessor, who, despite comment from the DOT, repeated citizen inquiries, and a current complaint before the Assessor’s Board, has refused to require that Trillium documents its current qualification for beneficial tax status, or pay back taxes and interest that would otherwise be due to the County.
Another friend is County Council attorney Karen Frakes, who has conceded the vesting issue on behalf of the County, as reflected in the proposed settlement. She has allowed Trillium to draft the proposed settlement agreement, ensured that there would be no annoying public hearing, and provided Trillium, Blaine and their attorneys with access to Executive Kremen and Planning Staff employees.
Trillium would be all set for a happy ending if it was not for the pesky little legal problems that keep poking their way through the proposed settlement agreement. Some of these problems will be discussed in additional posts based on comments I have provided to County Council.
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